Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 16C

Liability for costs

(Past version on 30/06/1997).

(1) Subject to section 18A, the liability of an aided person and of the
Director for costs shall be determined in the following manner- (Amended 40 of
1989 s. 5)

   (a)  an aided person shall not be liable for costs incurred by the Director
        on his behalf-

        (i)    in the case of costs incurred under the
               Supplementary Legal Aid  Scheme, except in accordance with
               section 32; and

        (ii)   in any other case, in excess of such aided person's
               contribution;

   (b)  where a court or the Court of Final Appeal makes an order for  costs
        against an aided person, or an agreement is entered into for the
        payment of costs by an aided person, in favour of a person not
        receiving legal aid- (Amended 79 of 1995 s. 50)

        (i)    in any case in which the party not receiving legal aid is a
               defendant or respondent in the proceedings (other than a
               defendant or respondent to a counterclaim or cross-petition),
               or in the case of an appeal (including an appeal to, or an
               application for leave to appeal to, the Court of Final Appeal)
               is a respondent therein (other than a respondent to a
               cross-appeal) such costs shall be paid by the Director;
               (Amended 79 of 1995 s. 50)

(ia) in any case in which the party not receiving legal aid is a defendant to
a counterclaim or respondent to a cross-petition, or in the case of an appeal
(including an appeal to, or an application for leave to appeal to, the Court
of Final Appeal) is a respondent to a cross-petition, the costs occasioned by
the counterclaim, cross-petition or cross-appeal filed by or on behalf of the
aided person shall be paid by the Director; (Amended 79 of 1995 s. 50)

(ib) in any case in which the party not receiving legal aid is an appellant in
an appeal (including an appeal to, or an application for leave to appeal to,
the Court of Final Appeal) and in the court whose judgment or order is
appealed against the plaintiff was an aided person, such costs shall be paid
by the Director; and (Amended 79 of 1995 s. 50)

        (ii)   in any other case, neither the Director nor the aided person
               shall be liable for such costs unless a contribution is payable
               by the aided person under section 18(1)(b); in which case the
               Director on behalf of the aided person shall pay such costs to
               the extent that the contribution is in excess of the costs
               incurred by the Director on behalf of the aided person; and

   (c)  where a court or the Court of Final Appeal makes an order for  costs
        against an aided person, or an agreement is entered into for the
        payment of costs against an aided person, in favour of a person who is
        also receiving legal aid, neither such person shall be liable for such
        costs in excess of his contribution and the contribution of the party
        who is liable for the payment of costs under such order or agreement
        shall be charged first with the costs of both parties and thereafter
        the contribution of the other party shall be charged to the extent of
        his own costs in so far as such costs are not recovered from the
        contribution of the party liable to pay costs. (79 of 1995 s. 50)

(2) Subsection (1),in so far as it relates to the costs of an aided  person,
relates only to costs arising in respect of proceedings to which, and during
the period to which, a legal aid certificate relates, and nothing in that
subsection shall otherwise affect the liability for costs of an aided person.

(3) Where subsection (1) limits the liability for costs of an aided  person
such limitation shall extend-

   (a)  where the aided person has been granted legal aid in a representative
        or fiduciary capacity, to any other person on whose behalf the
        aided person is acting and for the benefit of any fund held for such
        other person; and

   (b)  where the aided person has been granted legal aid as the guardian of
        an infant, to the infant.

(4) (Repealed 79 of 1995 s. 50) (Added 54 of 1984 s. 14)